Lowder & McGill PLLC

Top 5 Mistakes to Avoid After a Car Accident

2024-11-13T08:04:15Z

Car accidents are often sudden, unavoidable events that can range from minor inconveniences to life-altering catastrophes, turning an ordinary day into an overwhelming experience in an instant. In the United States, it is estimated two-thirds of drivers have been in a car accident at least once in their lifetime. In Kentucky, there were 178,927 reported auto collisions in 2022. Of these, approximately 62% of drivers were local county residents of where their collision occurred. Additionally, approximately 24% of those involved were still Kentucky residents (2022 Kentucky Traffic Collision Report). This report shows the significance and real possibility of car crashes happening to Kentuckians every day. Being prepared for a crisis like this enables those in the midst of a tragic accident to find the power, perseverance, and support needed to rebuild their life following pain, suffering, and injury. While these accidents may be inevitable, you can learn the top 5 mistakes to avoid if you do find yourself in an auto accident.

1 Not Calling the Police

Often, individuals assume minor accidents do not require official documentation. However, without a police report, you may lack an essential record that provides an unbiased account of the accident’s details—something insurance companies and courts often rely on to establish fault and validate claims. Additionally in Kentucky, it is required by state law to report any car accidents involving injury, death, and/or property damage exceeding $500 to local law enforcement within 10 days of the collision. What To Do: Call 911 immediately after an accident occurs. A police officer will then take statements of all involved parties and provide an official report. This report can be crucial if the other driver later denies responsibility or if you need to file a personal injury claim. **Police reports DO NOT automatically get sent to insurance companies. One party’s insurance company must request the official police report for the other party’s insurance to be aware of the accident.

2 Skipping Medical Attention

Injuries such as whiplash, concussion, or internal injuries may take time for symptoms to show. While an individual may feel fine or only feel mild soreness after an accident, seeking a medical examination is crucial for two main reasons. First, untreated injuries can lead to prolonged recovery and/or permanent damage. Second, in the situation where an individual is involved in a personal injury case, official medical documentation of injuries strengthens your claim by being able to prove the extent and timing of injuries. What To Do: Seek medical attention IMMEDIATELY if any pain or injury is present at the time of the crash. If bruising, pain or other injuries become present after the accident, it is best to seek medical attention as soon as possible – it is imperative to not wait.

3 Failing to Gather Evidence

An accident is an unexpected event that is connected to increased emotions and chaos, so it is often not a natural thought to collect evidence. However, without proper evidence, it can be difficult to determine the at-fault party. What To Do: After local authorities have been called and all individuals involved in the accident are checked on, take photos/videos (visible injuries, involved vehicles, visible damage, skid marks, debris, road signs, and any other useful elements), find witnesses (collect contact information), and write down the known details.

4 Giving a Statement to the Insurance Company

Insurance companies are always looking for ways to save money on paying claims. When an insurance adjuster takes a statement from someone who’s been injured in a crash, they are gathering information. But they are also looking for anything that they can use against the injured person, to keep from paying them a fair amount on the claim. Insurance adjusters are trained professionals that handle injury claims on a daily basis. Most of the time an injured person has no experience with an insurance claim, so it is not a legal playing field. What To Do: Its best not to give a statement to the insurance company. Certainly, do not give a statement without consulting with an attorney first. If the adjuster calls you prior to doing this, you can politely tell them that you need to speak with an attorney first, without having to discuss the details at that time.

5 Handling the Claim on your Own

Some people mistakenly believe that the at-fault driver’s insurance company will do the right thing and pay everything that’s owed, so they don’t need an attorney. That is almost never the case. The less an insurance company pays on its claims, the more money the company makes. An insurance company simply is not going to pay the full value of an injury claim to an unrepresented and inexperienced injured person. Not to mention that an unrepresented person doesn’t know what damages they’re entitled to recover, what legal arguments they have or what amount of time they have to bring a claim. What to do: As soon as you reasonably can, hire a competent injury attorney to protect your interests! https://www.antheminjurylaw.com/how-many-car-accidents-does-the-average-person-have-in-a-lifetime/#:~:text=Only%2032%25%20of%20Americans%20have,an%20accident%20at%20least%20once.. https://wp.kentuckystatepolice.ky.gov/wp-content/uploads/2023/11/Kentucky-Traffic-Collision-Facts-2022-Report.pdf

Truck Accident Injuries: Why Are They Life-Changing?

2024-08-12T16:29:13Z

Injuries from truck collisions are often painful and life-changing. The National Safety Council reported 5,837 fatal truck crashes in 2022. That same year, 120,200 trucks participated in collisions with injured people. Heavy vehicles travel Kentucky's roads and highways every day. So, understanding why a collision with a truck is so dangerous and why the injuries are so devastating is worth it.

Why Is A Truck Accident So Dangerous?

Car accidents can occur at any time. For smaller cars, the results are not always fatal. However, at least five reasons make truck crashes more dangerous and deadly:

Size and weight: Trucks' weight and size make accidents more serious. At the same time, these factors make driving a heavy vehicle challenging. For example, it is more difficult for drivers to brake or avoid obstacles.
Impact force: This point is related to the previous one. Physics explains that the greater the weight and size of a vehicle, the greater the impact force.
Cargo: The goods or products being transported in a truck from one place to another can make an accident more serious. In a collision, cargo may spill and cause further damage. This can involve heavy objects, such as building materials, or even more hazardous substances, such as chemicals.
Driving difficulty: Driving a truck is a challenging job that requires experience. However, a truck driver who is untrained or inexperienced cannot react to any eventuality. Also, factors such as distracted driving or drunk driving can make the situation worse.
Mechanical problems: Mechanical issues with the truck can lead to an accident. Engine failure, steering or tire issues can affect the vehicle's handling.

Every driver should pay attention to the road and use caution when driving near a heavy vehicle.

Why Are The Injuries Life-Changing?

Truck accident injuries are life-changing. The damages and traumas caused by a collision can be permanent. In addition, medical treatment is expensive and prolonged. Most victims cannot afford to pay for it. Some common injuries after a truck accident are:

Brain Damage
Spinal Cord Injuries
Internal injuries
Burn injuries.
Broken bones

Truck accidents can cause permanent injuries. In the most severe accidents, a person can lose all mobility or suffer an amputation. That is why these types of injuries are life-changing. Victims also face medical bills. They may need to see specialists, get a diagnosis, take X-rays, see a physical therapist, and purchase medications. These are not easy injuries to treat. They take time and recovery is not guaranteed. Victims can apply for compensation, which can help them pay for medical bills. They can contact an experienced truck accident attorney for more information.

Lowder & McGill PLLC secures a $800,000 verdict

2024-06-21T17:26:41Z

A major indicator of an attorney's quality is how they achieve results for their clients. In a time when most personal injury cases end in a settlement, reaching a favorable verdict is rare. [nap_names id="FIRM-NAME-1"] is happy to report we've achieved another great result for one of our clients. In May, we won a verdict against State Farm Insurance for a significant amount in an uninsured motorist case. This outcome means our client has the help she needs to pay her bills and recover from the financial losses of the accident.

How uninsured motorist cases work in Kentucky

Uninsured motorists are a problem for people across the country, and while Kentucky mandates all drivers have insurance, not every driver complies. In these cases, people typically rely on their uninsured motorist insurance, which is not mandatory coverage in Kentucky. If you have uninsured or underinsured motorist insurance, you would then file a claim with your insurance to cover the injuries. However, even though it is your insurance company, their goals remain the same: minimizing their costs by any available means. In a significant injury case, they will seek to minimize the amount of available compensation to you. Our attorneys have fought for these claims for clients for years. We bring our attentiveness, care, and strength to each of our clients.

Were you hurt by an uninsured motorist?

Make no mistake, these are complex and frustrating cases. We are on your side throughout and will work hard for you to get the compensation and care you deserve for your injuries. Just because the responsible driver didn't have insurance doesn't mean you deserve to be in financial ruin.

Bluegrass blues: Why texting and driving is Kentucky’s road rage

2024-06-07T15:57:07Z

Kentucky's roads are known for scenic beauty, but that beauty can turn dangerous with a quick glance at your phone. Distracted driving, especially texting, is the leading cause of car accidents in the state, causing needless injuries, fatalities and a whole lot of stress.

The texting trap: Why it's so dangerous

Texting while driving creates a triple threat:

Visual distraction: You take your eyes off the road, missing crucial information like traffic signals or stopped vehicles.
Manual distraction: Your hands are occupied with the phone, making it difficult to steer or brake safely.
Cognitive distraction: Focusing on a text diverts your mental attention away from the act of driving itself.

Even a few seconds of texting can be catastrophic at highway speeds. In Kentucky, texting while driving is a primary offense, meaning police can pull you over solely for this behavior.

Protect yourself and others: Put the phone down

Here are some strategies to keep Kentucky's roads safe:

Silence your phone: Turn off notifications or put your phone on silent mode while driving.
Use hands-free options: If you need to make a call, use Bluetooth or voice commands.
Pull over safely: If a text absolutely cannot wait, find a safe place to pull over completely before responding.
Be a passenger advocate: If you're a passenger and see the driver texting, speak up and encourage them to pull over.

When you put your phone away and focus on driving, you can help everyone in the vehicle safely reach their destination.

Kentucky's Hands-Free Law: The law is on your side

Kentucky's "Hands-Free Law" prohibits non-hands-free use of mobile devices while operating a motor vehicle. A first offense comes with a fine of $189, increasing for subsequent offenses. More importantly, distracted driving puts everyone on the road at risk. Enjoy the scenic drives Kentucky has to offer, but do so safely. Leave the texting for when you're stopped and focus on the beautiful bluegrass scenery, not the screen in your hand.

Can I sue for pain and suffering after a Kentucky car crash?

2024-04-11T15:19:33Z

Motor vehicle collisions are more than disruptive and expensive. They can also be quite painful. Someone's injuries could forever change the course of their life or might leave them in extreme misery until their condition improves. The average person involved in a car wreck in Kentucky understands that they can file an insurance claim seeking reimbursement for lost wages, medical expenses and vehicle repair costs. They may feel less certain about their right to seek compensation for the pain and suffering caused by their injuries. Can someone injured in a serious car crash hold a party responsible for the crash liable for the pain and suffering they have endured?

Kentucky does allow non-economic damages

Someone requesting compensation after a Kentucky car crash can ask for economic damages such as reimbursement for medical bills and the cost of replacing a vehicle. They can also seek compensation for non-economic losses, including their pain and suffering. Unlike many other states, Kentucky does not have an arbitrary cap on the non-economic damages possible following a collision. Instead, plaintiffs must request a reasonable amount of pain and suffering compensation in addition to the other compensation requested in their lawsuits. Factors including their personal contributions to the crash and the available insurance coverage may affect what someone receives in a personal injury lawsuit. The duration of their pain and suffering, the underlying cause of the car crash and the severity of their injuries can also influence the amount of pain and suffering compensation available. In some cases, people may calculate a set amount of pain and suffering count compensation on a per diem basis. Someone in the hospital for three months might charge a specific amount per day until their life goes back to normal. Other times, people use the multiplier method to calculate pain and suffering compensation. They multiply the economic damages sought by a multiplier between one and five, with higher multipliers only applying to the worst injuries and most egregious misconduct by other drivers. Those seeking to maximize compensation after a Kentucky car crash often require support while navigating the court system. Learning more about the damages available in a personal injury lawsuit may benefit those harmed by the misconduct of others in traffic.

What is considered a serious injury in a car accident?

2024-04-11T15:18:49Z

When we talk about car accidents, we often hear the term “serious injury.” But what does that really mean? Imagine you are driving to the grocery store and suddenly you are in a car crash. The first thing anyone asks is, “are you okay?” and sometimes, unfortunately, the answer is not so simple. A serious injury stemming from a car crash will change your life in meaningful ways. It is not a small cut or bruise, but something that will probably follow you forever. It might mean a permanent disability, like a brain injury that affects your ability to remember things and make good decisions, or a spine injury that paralyzes half your body. It might mean many other things, including:

Amputations
Severe burns
Brain injuries
Spinal injuries
Neck injuries
Internal injuries
Broken bones

While people who sustain some of these injuries may see hope for recovery, many do not. In many cases, they are no longer able to work and must rely on alternative compensation to survive because they can no longer make a living themselves.

Why does this matter?

Well, if you sustain a serious injury, you are probably facing a tough road ahead. In addition to recovering, or at least managing symptoms, you will have to deal with medical bills, lost wages if you cannot work and, naturally, the pain and suffering that come with knowing that your life will never be the same.

What to do

The first thing to do after you take care of yourself physically and speak to an attorney to see if you have a case is to give yourself time to mentally and psychologically process what happened. After all, this injury will probably mark a before and after in your life. Serious injuries are more common than people think and unfortunately, they happen often because of car accidents. Remember to take care of yourself and make sure you have advocates that will help you navigate the medical and legal processes ahead.

The 4 risky behaviors to blame for many car wrecks

2024-04-11T15:26:15Z

Car crashes don't occur out of nowhere. The vast majority of them are both predictable and preventable. They occur specifically because drivers engage in unsafe behaviors, many of which are actually violations of traffic statutes. According to federal research performed by the National Highway Transportation Safety Administration (NHTSA), four categories of behavior are responsible for a significant percentage of the preventable collisions that transpire each year.

Impaired driving

Both drunk driving and drugged driving are dangerous choices. People who decide to get behind the wheel while under the influence of a mind-altering substance can make major mistakes and oversights in traffic that lead to collisions. Illegal drugs and prescribed medications can impair someone's ability much like alcohol can. Even over-the-counter medication can sometimes affect someone's safety in traffic.

Distracted driving

The rise of digital devices has had a negative impact on traffic safety. People feel as though they cannot put their phones down even for the duration of their commute to work. Digital distraction is incredibly dangerous, and there are many other forms of distraction that affect traffic safety as well, including eating while driving and conversing with passengers.

Fatigued driving

The longer someone goes without adequate sleep, the more their fatigue begins to affect their functional abilities. Those who feel drowsy while driving may notice that they have increased reaction times and difficulty focusing. They may also have a harder time making the right decision for their safety and the protection of others. Those who feel fatigued could also fall asleep at the wheel, leading to a total loss of control of a vehicle.

Speeding

If there is one traffic violation that people readily admit to, it is driving at well over the posted speed limit. Given that speeding is a common traffic violation, people may not realize how dangerous it actually is. Quite a few of the worst collisions every year involve excess speed. Both traveling at over the posted limit and traveling irresponsibly fast given road conditions could lead to preventable, tragic collisions. There has been a marked increase in risky driving conduct in the last few years, which may help to explain why crash rates have risen despite improved safety systems in many modern vehicles. Understanding that personal choices largely drive risk levels may help people limit their risk of causing a serious car crash. Drivers who avoid the riskiest common behaviors in traffic can do their part to keep the roads safer.

Who is at fault in a rear-end collision in Kentucky?

2024-03-06T02:29:20Z

Rear-end collisions are a common occurrence on the road, often leaving drivers confused and frustrated. This is especially so when it comes to determining fault. Rear-end collision occur when one vehicle crashes into the back of another. In Kentucky, determining fault in these accidents is a process rooted in the state’s negligence laws. According to the state’s negligence laws, a driver who fails to exercise reasonable care and causes an accident is considered negligent and at fault.

Presumption of fault

In rear-end collisions, there is often a presumption that the driver who rear-ends the vehicle in front of them is at fault. This presumption arises from the expectation that a driver should tailgate the vehicle ahead of them to be able to stop in time to avoid a collision. However, this presumption can be proven with evidence that the lead driver’s actions contributed to the accident. Moreover, there are certain situations where the presumption of fault may not apply:

Sudden stop: If the lead driver makes a sudden and unexpected stop, the rear driver may not have sufficient reaction time to avoid a collision. In such cases, the lead driver may be found partially or fully at fault.
Reckless driving:If the lead driver engages in reckless behavior, like dangerously cutting off the rear driver, they could be held primarily responsible.
Mechanical issues: If the lead vehicle experiences a malfunction, such as a brake failure, that directly contributes to the collision, they could share some of the blame.

Furthermore, the state follows the rule of pure comparative fault, which means that an accident victim can recover damages only if they are not 100% responsible for the accident. Therefore, if the rear driver is only partially responsible for a rear-end collision, the lead driver’s damages will be reduced by their percentage of fault. For example, if the court finds the rear driver 80% at fault, the lead driver’s damages will be reduced by 20%. Determining fault in a rear-end collision in the Bluegrass State is based on negligence laws. While there is generally a presumption that the rear driver is at fault, this presumption should be backed with evidence. It is important for drivers involved in rear-end collisions to understand the legal framework and seek legal support when determining who is at fault for a collision, as a presumption is not a foregone conclusion.

What are the most common mechanical problems in truck accidents?

2024-02-29T16:30:20Z

Truck accidents are often devastating because of their size, and many times, these accidents cause serious injuries and even fatalities. While there are many factors that contribute to why these accidents happen, mechanical issues with the truck itself are often at the heart of the problem. Understanding these mechanical issues can help truck manufacturers, drivers and everyone else on the road understand why trucks often malfunction, so they can make it a point to stay safe.

Brake problems

Faulty brakes are one of the leading causes of truck accidents. When a truck’s brakes fail or malfunction, it can be difficult for the driver to stop in time to avoid a collision. Regular maintenance and inspections of the entire truck, including the braking system, are essential to preventing accidents.

Tire problems

Trucks travel long distances, often carrying heavy loads, which puts lots of stress on the tires. This increases the risk of a tire blowout, which can cause the driver to lose control of the truck. Losing control of the truck almost always leads to an accident, so proper tire maintenance and regular inspections, as well as replacing old and worn tires, can prevent blowouts.

Steering issues

Problems with trucks’ steering systems can make it difficult for the driver to control the truck. If the driver cannot control the truck, it can swerve or veer into other lanes, causing an accident.

Engine failure

If the truck’s engine malfunctions or cannot work properly, the truck can suddenly lose power or stall when traveling at high speeds, which creates a serious risk of rear-end collisions or other cars colliding as they avoid the truck. Mechanical factors play a significant role in truck accidents. Regular maintenance, inspections and addressing issues promptly are crucial for preventing accidents and keeping everyone safe on the road. Drivers must also be vigilant and report any signs of mechanical problems to their supervisors or maintenance staff to prevent accidents before they happen.

Unraveling the causes behind truck accidents on I-65 corridor

2023-12-08T22:26:00Z

On the bustling stretch of the I-65 corridor that connects Bowling Green to Nashville, a silent battle unfolds daily on the asphalt. It's the domain of trucks, the workhorses of commerce, transporting goods and essentials across vast distances.

Yet, within this constant flow, a troubling reality looms—the prevalence of truck accidents. Understanding the primary triggers behind these incidents is paramount for both drivers and policymakers.

Here's a closer look at what propels these dangerous collisions.

The menace of distractions

One of the leading catalysts behind truck accidents lies in distractions. Like any other motorist, truck drivers can succumb to the allure of smartphones, GPS devices or even drowsiness. A momentary lapse in attention can spell catastrophe. Research has underscored that even a five-second glance away from the road while driving at highway speeds can have devastating consequences. The alluring glow of screens and the demanding nature of the job often converge, leading to an increased risk of accidents.

Navigating the terrain: Weather challenges

Mother Nature's whims often compound the perils on I-65 and its tributaries like I-165. The ever-changing weather conditions along these routes, from dense fog to sudden downpours and icy patches during winter, pose a considerable threat.

With their substantial weight and longer stopping distances, trucks become exceptionally vulnerable. Reduced visibility and slippery roads can turn routine drives into high-stakes maneuvers, where split-second decisions become the difference between safety and disaster.

Recently, Kentucky was placed at the seventh worst state for dangerous driving weather. While there may not be much you can do to control the weather, there are a few ways you can prepare to drive more safely when you must go out in dangerous conditions.

The road to safety

Amidst the challenges of traversing the I-65 corridor, truckers and motorists—play a pivotal role in fostering safer roads. Vigilance coupled with preparedness can significantly reduce the risks of accidents. Maintaining a safe distance from trucks remains crucial, especially considering their longer stopping distances.

Moreover, staying attentive, minimizing distractions and adhering strictly to speed limits are paramount. Weather conditions demand extra caution. Slowing down and using hazard lights during poor visibility or slippery roads can avert potential disasters. Ultimately, fostering a culture of mutual respect on the road, where all users prioritize safety, is key to navigating these highways with greater security.